AB75,670,64
49.686
(6) (b) The
pilot program shall be open to a minimum of 100 participants
5at any given time, with more participants if the department determines that it is
6cost-effective.
AB75, s. 1363
7Section
1363. 49.686 (6) (c) of the statutes is amended to read:
AB75,670,108
49.686
(6) (c) The department may promulgate rules for the administration of
9the
pilot program. Notwithstanding s. 227.24 (3), rules under this paragraph may
10be promulgated as emergency rules under s. 227.24 without a finding of emergency.
AB75, s. 1364
11Section
1364. 49.688 (1) (e) of the statutes is amended to read:
AB75,670,1512
49.688
(1) (e) "Program payment rate" means the rate of payment made for the
13identical drug specified under s. 49.46 (2) (b) 6. h.
, plus 5%, plus a dispensing fee that
14is equal to the dispensing fee permitted to be charged for prescription drugs for which
15coverage is provided under s. 49.46 (2) (b) 6. h.
AB75, s. 1365
16Section
1365. 49.688 (3) (d) of the statutes is amended to read:
AB75,670,2017
49.688
(3) (d)
Notwithstanding s. 49.002, if If a person who is eligible under this
18section has other available coverage for payment of a prescription drug, this section
19applies only to costs for prescription drugs for the person that are not covered under
20the person's other available coverage.
AB75, s. 1366
21Section
1366. 49.688 (8) of the statutes is repealed.
AB75, s. 1367
22Section
1367. 49.688 (12) of the statutes is amended to read:
AB75,671,223
49.688
(12) Except as provided in subs.
(8) (8m) to (11) and except for the
24department's rule-making requirements and authority, the department may enter
1into a contract with an entity to perform the duties and exercise the powers of the
2department under this section.
AB75, s. 1368
3Section
1368. 49.775 (2) (bm) of the statutes is amended to read:
AB75,671,124
49.775
(2) (bm) The custodial parent assigns to the state any right of the
5custodial parent or of the dependent child to support from any other person. No
6amount of support that begins to accrue after the individual ceases to receive
7payments under this section may be considered assigned to the state.
Any 8Seventy-five percent of all money that is received by the department of children and
9families under an assignment to the state under this paragraph
and that is not the
10federal share of support shall be paid to the custodial parent. The department of
11children and families shall pay the federal share of support assigned under this
12paragraph as required under federal law or waiver.
AB75, s. 1369
13Section
1369
. 49.775 (2) (bm) of the statutes, as affected by 2009 Wisconsin
14Act .... (this act), is amended to read:
AB75,671,2415
49.775
(2) (bm) The custodial parent assigns to the state any right of the
16custodial parent or of the dependent child to support from any other person
accruing
17during the time that any payment under this subsection is made to the custodial
18parent. No amount of support that begins to accrue after the individual ceases to
19receive payments under this section may be considered assigned to the state.
20Seventy-five percent of all money that is received by the department of children and
21families under an assignment to the state under this paragraph shall be paid to the
22custodial parent. The department of children and families shall pay the federal
23share of support assigned under this paragraph as required under federal law or
24waiver.
AB75, s. 1370
25Section
1370. 49.775 (2m) of the statutes is created to read:
AB75,672,4
149.775
(2m) Disregard of support. In determining a custodial parent's
2eligibility under this section, the department shall, for purposes of determining the
3custodial parent's income, disregard any court-ordered support that is received by
4or owed to the custodial parent.
AB75, s. 1371
5Section
1371. 49.776 of the statutes is created to read:
AB75,672,12
649.776 Payment of support arrears. If a custodial parent who formerly
7received payments under s. 49.775 but who is no longer receiving payments under
8s. 49.775 assigned to the state under s. 49.775 (2) (bm) his or her right or the right
9of the dependent child to support from any other person, the department shall pay
10to the custodial parent all money in support arrears that is collected by the
11department after the custodial parent's receipt of payments under s. 49.775 ceased
12and that accrued while the custodial parent was receiving those payments.
AB75, s. 1372
13Section
1372. 49.79 (1) (f) of the statutes is repealed.
AB75, s. 1373
14Section
1373. 49.79 (1) (fm) of the statutes is created to read:
AB75,672,1515
49.79
(1) (fm) "School" means any of the following:
AB75,672,1616
1. A public school, as described in s. 115.01 (1).
AB75,672,1717
2. A private school, as defined in s. 115.001 (3r).
AB75,672,1818
3. A technical college pursuant to a contract under s. 118.15 (2).
AB75,672,2119
4. A course of study meeting the standards established by the state
20superintendent of public instruction under s. 115.29 (4) for the granting of a
21declaration of equivalency of high school graduation.
AB75, s. 1374
22Section
1374. 49.79 (8) of the statutes is repealed.
AB75, s. 1375
23Section
1375. 49.79 (9) (a) 3. of the statutes is amended to read:
AB75,673,324
49.79
(9) (a) 3. The department may not require an individual who is a recipient
25under the food stamp program to participate in any employment and training
1program under this subsection if that individual is enrolled at least half time in a
2school,
as defined in s. 49.26 (1) (a) 2., a training program, or an institution of higher
3education.
AB75, s. 1376
4Section
1376. 49.797 (2) (a) of the statutes is amended to read:
AB75,673,125
49.797
(2) (a)
Except Notwithstanding s. 46.028 and except as provided in par.
6(b) and sub. (8), the department shall administer a statewide program to deliver food
7stamp benefits to recipients of food stamp benefits by an electronic benefit transfer
8system. All suppliers, as defined in s. 49.795 (1) (d), may participate in the delivery
9of food stamp benefits under the electronic benefit transfer system. The department
10shall explore methods by which nontraditional retailers, such as farmers' markets,
11may participate in the delivery of food stamp benefits under the electronic benefit
12transfer system.
AB75, s. 1377
13Section
1377. 49.83 of the statutes is amended to read:
AB75,673,24
1449.83 Limitation on giving information. Except as provided under
s. ss. 1549.32 (9), (10), and (10m)
and 49.45 (19m), no person may use or disclose information
16concerning applicants and recipients of relief funded by a relief block grant, aid to
17families with dependent children, Wisconsin Works under ss. 49.141 to 49.161, social
18services, child and spousal support and establishment of paternity and medical
19support liability services under s. 49.22, or supplemental payments under s. 49.77
20for any purpose not connected with the administration of the programs, except that
21the department of children and families may disclose such information to the
22department of revenue for the sole purpose of administering state taxes. Any person
23violating this section may be fined not less than $25 nor more than $500 or
24imprisoned in the county jail not less than 10 days nor more than one year or both.
AB75, s. 1378
25Section
1378. 49.84 (3) of the statutes is repealed.
AB75, s. 1379
1Section
1379. 49.84 (4) of the statutes is repealed.
AB75, s. 1380
2Section
1380. 49.895 of the statutes is created to read:
AB75,674,3
349.895 Insurance claim intercept. (1) In this section:
AB75,674,54
(a) "Medical assistance liability" means an amount that the department of
5health services may recover under s. 49.497, 49.847, or 49.89.
AB75,674,76
(b) "Support liability" means an amount that is entered in the statewide
7support lien docket under s. 49.854.
AB75,674,9
8(2) Before paying an insurance claim of $500 or more to any individual, an
9insurer that is authorized to do business in this state shall do all of the following:
AB75,674,1210
(a) Verify with the department of health services, in the manner required by
11that department, whether the individual to whom the claim is to be paid has a
12medical assistance liability.
AB75,674,1413
(b) Check the statewide support lien docket to determine whether the
14individual to whom the claim is to be paid has a support liability.
AB75,674,17
15(3) If an individual to whom a claim of $500 or more is to be paid has a support
16liability or a medical assistance liability, or both, the insurer shall distribute the
17claim proceeds as follows:
AB75,674,2018
(a) First, if there is a support liability, to the department of children and
19families to pay the support liability, up to the amount of the support liability or the
20amount of the claim, whichever is less.
AB75,674,2321
(b) Next, if there is a medical assistance liability, to the department of health
22services to pay the medical assistance liability, up to the amount of the medical
23assistance liability or the amount of the claim proceeds remaining, whichever is less.
AB75,674,2424
(c) Last, to the individual, the remainder of the claim proceeds, if any.
AB75,675,5
1(4) The department of health services shall promulgate rules for the
2administration of this section, including procedures for insurers to follow and any
3notice and hearing requirements. Notwithstanding s. 227.24 (3), the rules under this
4subsection may be promulgated as emergency rules under s. 227.24 without a finding
5of emergency.
AB75, s. 1381
6Section
1381. 49.96 of the statutes is amended to read:
AB75,675,12
749.96 Assistance grants exempt from levy. All grants of aid to families with
8dependent children, payments made under ss.
48.57 (3m) or (3n), 49.148 (1) (b) 1. or
9(c) or (1m) or 49.149 to 49.159, payments made for social services, cash benefits paid
10by counties under s. 59.53 (21), and benefits under s. 49.77 or federal Title XVI, are
11exempt from every tax, and from execution, garnishment, attachment
, and every
12other process and shall be inalienable.
AB75, s. 1382
13Section
1382. 50.01 (1) (intro.) of the statutes is amended to read:
AB75,675,1514
50.01
(1) (intro.) "Adult family home" means one of the following
and does not
15include a place that is specified in sub. (1g) (a) to (d), (f), or (g):
AB75, s. 1383
16Section
1383. 50.01 (1) (a) 1. of the statutes is amended to read:
AB75,676,217
50.01
(1) (a) 1. Care and maintenance above the level of room and board but
18not including nursing care are provided in the private residence by the care provider
19whose primary domicile is this residence for 3 or 4 adults, or more adults if all of the
20adults are siblings, each of whom has a developmental disability, as defined in s.
2151.01 (5), or, if the residence is licensed as a foster home, care and maintenance are
22provided to children, the combined total of adults and children so served being no
23more than 4, or more adults or children if all of the adults or all of the children are
24siblings
, or, if the residence is licensed as a treatment foster home, care and
1maintenance are provided to children, the combined total of adults and children so
2served being no more than 4.
AB75, s. 1384
3Section
1384. 50.01 (1) (a) 2. of the statutes is amended to read:
AB75,676,64
50.01
(1) (a) 2. The private residence was licensed under s. 48.62 as a
foster
5home or treatment foster home for the care of the adults specified in subd. 1. at least
612 months before any of the adults attained 18 years of age.
AB75, s. 1385
7Section
1385. 50.01 (1) (b) of the statutes is amended to read:
AB75,676,128
50.01
(1) (b) A place where 3 or 4 adults who are not related to the operator
9reside and receive care, treatment or services that are above the level of room and
10board and that may include up to 7 hours per week of nursing care per resident.
11"Adult family home" does not include a place that is specified in sub. (1g) (a) to (d),
12(f) or (g).
AB75, s. 1386
13Section
1386. 50.01 (1) (c) of the statutes is created to read:
AB75,676,1614
50.01
(1) (c) A place in which the operator provides care, treatment, support,
15or service above the level of room and board, but not including nursing care, to up to
162 adults who are not related to the operator.
AB75, s. 1387
17Section
1387. 50.02 (1) of the statutes is amended to read:
AB75,677,618
50.02
(1) Departmental authority. The department may provide uniform,
19statewide licensing, inspection
, and regulation of community-based residential
20facilities and nursing homes as provided in this subchapter. The department shall
21certify, inspect
, and otherwise regulate adult family homes, as specified under
s. ss.
2250.031 and 50.032 and shall license adult family homes, as specified under s. 50.033.
23Nothing in this subchapter may be construed to limit the authority of the department
24of commerce or of municipalities to set standards of building safety and hygiene, but
25any local orders of municipalities shall be consistent with uniform, statewide
1regulation of community-based residential facilities. The department may not
2prohibit any nursing home from distributing over-the-counter drugs from bulk
3supply. The department may consult with nursing homes as needed and may provide
4specialized consultations when requested by any nursing home, separate from its
5inspection process, to scrutinize any particular questions the nursing home raises.
6The department shall, by rule, define "specialized consultation".
AB75, s. 1388
7Section
1388. 50.02 (4) of the statutes is repealed.
AB75, s. 1389
8Section
1389. 50.03 (5g) (cm) of the statutes is created to read:
AB75,677,159
50.03
(5g) (cm) If the department imposes a sanction on or takes other
10enforcement action against a community-based residential facility for a violation of
11this subchapter or rules promulgated under it, and the department subsequently
12conducts an on-site inspection of the community-based residential facility to review
13the community-based residential facility's action to correct the violation, the
14department may impose a $200 inspection fee on the community-based residential
15facility.
AB75, s. 1390
16Section
1390. 50.031 of the statutes is created to read:
AB75,677,19
1750.031 Certification of 1-bed and 2-bed adult family homes. (1) 18Definition. In this section, "adult family home" has the meaning given in s. 50.01
19(1) (c).
AB75,678,3
20(2) Certification. (a) After the date on which the family care benefit under
21s. 46.286 is first made available in a county, no person may operate an adult family
22home in that county that provides residential care to a recipient of supplemental
23security income under
42 USC 1381 to
1383c, a recipient of the family care benefit
24under s. 46.286, or a recipient of services under s. 46.27 (11), 46.275, 46.277, 46.278,
25or 46.2785, or under any other program operated under a waiver authorized by the
1secretary at the U.S. department of health and human services under
42 USC 1396n 2(b) or (c), unless the adult family home is certified by the department under par. (b)
3or (c).
AB75,678,54
(b) The department shall certify an adult family home upon determining that
5the adult family home satisfies standards established under sub. (3).
AB75,678,96
(c) The department shall certify an adult family home that was certified to
7receive payment for residential care under s. 46.27 (11), 46.275, 46.277, 46.278, or
846.2785 by a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 if the
9operator of the adult family home attests to all of the following:
AB75,678,1110
1. That the adult family home was certified by the county department and is
11at the same location as when certified by the county department.
AB75,678,1212
2. That the adult family home satisfies standards established under sub. (3).
AB75,678,1413
(d) Certification under par. (b) or (c) shall be valid until revoked by the
14department.
AB75,678,16
15(3) Standards. The department shall establish standards for certification
16under this section.
AB75,678,19
17(4) Investigation. The department may investigate complaints that an adult
18family home certified under this section violated a standard for certification under
19sub. (3).
AB75,678,22
20(5) Revocation. The department may revoke the certification of an adult
21family home that is certified under this section if the adult family home violates a
22standard established under sub. (3).
AB75,678,24
23(6) Fee. The department may charge a fee for certification under sub. (2) (a)
24and a fee for a certification under sub. (2) (b).
AB75, s. 1391
25Section
1391. 50.032 (2) of the statutes is amended to read:
AB75,679,6
150.032
(2) Regulation.
Standards Except as provided in sub. (2d), standards 2for operation of certified adult family homes and procedures for application for
3certification, monitoring, inspection, decertification and appeal of decertification
4under this section shall be under rules promulgated by the department under s.
550.02 (2) (am) 1. An adult family home certification is valid until decertified under
6this section. Certification is not transferable.
AB75, s. 1392
7Section
1392. 50.032 (2d) of the statutes is created to read:
AB75,679,118
50.032
(2d) Accompaniment or visitation. If an adult family home has a policy
9on who may accompany or visit a patient, the adult family home shall extend the
10same right of accompaniment or visitation to a patient's domestic partner under
11ch.770 as is accorded the spouse of a patient under the policy.
AB75, s. 1393
12Section
1393. 50.033 (2) of the statutes is amended to read:
AB75,679,2313
50.033
(2) Regulation. Standards Except as provided in sub. (2d), standards 14for operation of licensed adult family homes and procedures for application for
15licensure, monitoring, inspection, revocation and appeal of revocation under this
16section shall be under rules promulgated by the department under s. 50.02 (2) (am)
172. An adult family home licensure is valid until revoked under this section.
18Licensure is not transferable. The biennial licensure fee for a licensed adult family
19home is
$135 $171, except that the department may, by rule, increase the amount of
20the fee. The fee is payable to the county department under s. 46.215, 46.22, 46.23,
2151.42 or 51.437, if the county department licenses the adult family home under sub.
22(1m) (b), and is payable to the department, on a schedule determined by the
23department if the department licenses the adult family home under sub. (1m) (b).
AB75, s. 1394
24Section
1394. 50.033 (2d) of the statutes is created to read:
AB75,680,4
150.033
(2d) Accompaniment or visitation. If an adult family home has a policy
2on who may accompany or visit a patient, the adult family home shall extend the
3same right of accompaniment or visitation to a patient's domestic partner under ch.
4770 as is accorded the spouse of a patient under the policy.
AB75, s. 1395
5Section
1395. 50.033 (3) of the statutes is amended to read:
AB75,680,226
50.033
(3) Investigation of alleged violations. If the department or a
7licensing county department under sub. (1m) (b) is advised or has reason to believe
8that any person is violating this section or the rules promulgated under s. 50.02 (2)
9(am) 2., the department or the licensing county department shall make an
10investigation to determine the facts. For the purposes of this investigation, the
11department or the licensing county department may inspect the premises where the
12violation is alleged to occur. If the department or the licensing county department
13finds that the requirements of this section and of rules under s. 50.02 (2) (am) 2. are
14met, the department or the licensing county department may, if the premises are not
15licensed, license the premises under this section. If the department or the licensing
16county department finds that a person is violating this section or the rules under s.
1750.02 (2) (am) 2., the department or the licensing county department may institute
18an action under sub. (5).
If the department takes enforcement action against an
19adult family home for violating this section or rules promulgated under s. 50.02 (2)
20(am) 2., and the department subsequently conducts an on-site inspection of the adult
21family home to review the adult family home's action to correct the violation, the
22department may impose a $200 inspection fee on the adult family home.